DETAILS OF BIDDER. Please indicate whether it is the original or copy, tick the applicable block.

Transcription

1 THE PRE-QUALIFICATION AND APPOINTMENT OF PRINCIPAL BUILDING CONTRACTORS (CIDB GRADE 7 GB PE) FOR THE PROVISIONING OF BUILDING REFURBISHMENT OF THE NERSA BUILDING KULAWULA HOUSE (PRINCIPAL BUILDING CONTRACT PHASE 1) BID NUMBER: NERSA/1617/FAD/PBC/BID009/1 CLOSING DATE: 29 SEPTEMBER 2016 Time: 11:00 Organisation/individual: Contact person: Date: address: Telephone Number: Cellular Number: Fax Number: DETAILS OF BIDDER Please indicate whether it is the original or copy, tick the applicable block. ORIGINAL COPY The bid document must not be converted into word format or retyped. EQUATE QUANTITY SURVEYORS Page 1 of 41 EP89/PRIN/PRE-QUALIFICATION-PRINCIPAL BUILDING CONTRACT

2 CONTENTS VOLUME GENERAL INSTRUCTIONS 2.0 SECTION A NERSA BID CONDITIONS AND INSTRUCTIONS 3.0 SECTION B NERSA BID REQUIREMENTS 4.0 SECTION C SPECIAL CONDITIONS TO BE ACCEPTED BY BIDDER 5.0 SECTION D GENERAL CONDITION OF CONTRACT 6.0 SECTION E TAX CLEARENCE REQUIREMENT 7.0 SECTION F DECLERATION OF INTEREST 8.0 SECTION G DECLERATION OF BIDDERS PAST SCM PRACTICES 9.0 SECTION H INVITATION TO BID 10.0 SECTION I CERTIFICATE OF INDEPENDENT BID DERTERMINATION 11.0 SECTION J NON-DISCLOSURE AGREEMENT EQUATE QUANTITY SURVEYORS Page 2 of 41

3 SECTION 1.0 GENERAL INSTRUCTIONS NERSA has appointed the following companies to act as its principal agents for the planning and project management on the refurbishment project: BOOGERTMAN + PARTNERS Architects EQUATE QUANTITY SURVERYORS Quantity Surveyors SPOORMAKER + PARTNERS Mechanical Engineers TDW INTERNATIONAL Fire Consultants FABB + PARTNERS Civil & Structural Engineers SPOORMAKER + PARTNERS Electrical Engineers BEADS Space Planners ISF SERVICES Project Managers 1. GENERAL INSTRUCTIONS 1.1 Invitation Contractors to be considered for selection as bidders on this project are invited to make application and in support thereof to provide all the detailed information requested in this document. Preference will be given to Contractors with operational capacity and presence in the Gauteng Province. This Pre-Qualification document is described in this bid as Phase 1 of 2 in the entire bid process. Phase 1 entails the pre-qualification of suitable Principal contractors for the provisioning of building refurbishment of the NERSA building Kulawula house including air conditioning installations, electrical installations, fire services and the supply and installation of office furniture. No pricing shall be applicable to Phase 1 of the bid process. Phase 2 will only be applicable to shortlisted bidders that meet the minimum criteria as specified in this document. This document and the prospective bidders' submission shall not form part of any contract resulting from this enquiry. 1.2 Selection of bidders Prospective bidders may be requested to discuss their pre-qualification submissions with NERSA at times to be arranged. Prospective tenderers will be given a minimum of five working days to serve as sufficient notice to prepare for submissions of such additional information and / or substantive discussions. Successful applications from the initial evaluation phase will be invited to bid for the work and no correspondence will be entered into with those applicants not selected for the formal bid process. EQUATE QUANTITY SURVEYORS Page 3 of 41

4 1.3 Information to be provided It will be in the interest of the applicant to comply with the requirements of this enquiry document as accurately and as fully as possible. Applicants must be prepared: to be interviewed to permit inspection of their past projects to provide information concerning their financial and other resources 1.4 Confidentiality All information provided by the various applicants, whether oral or in writing, will be treated confidentially and used only for the purpose of this project. 1.5 Subsequent withdrawal Should any bidder who is invited to bid subsequently find that he is unable to submit a tender, he shall advise the Project Manager and/or NERSA accordingly. 1.6 Bid assessment Applicants are informed that the information provided will be used in the ultimate assessment of bidders and the selection of a contractor. 1.7 Expenses in preparation of application The full cost and expenses of preparing the submission document as required, shall be for the prospective bidder s account. 2. INFORMATION FOR PROSPECTIVE BIDDERS 2.1 NERSA has appointed consultants to act as its principal agents for the planning and project management on the refurbishment project. (See list on page, 3 of 43 of this bid document). 2.2 The site The site of the proposed development is: Kulawula House 526 Madiba Street Arcadia, Pretoria EQUATE QUANTITY SURVEYORS Page 4 of 41

5 2.3 Scope of works Principal Building Contract Refurbishment of approximately 8500m2 of office space including Air Conditioning Installations, Electrical Installations, Fire Services and the supply and installation of office furniture to bring the office building into full compliancy with the South African Authorities. This refurbishment shall be conducted with the office occupied hence a live environment at all times. The methodology of works to be followed will entail the works beginning from the top floors moving downwards with the 2 nd Floor dedicated to the churn management throughout the construction period. 2.4 Programme for Phase 2 Key dates The PROVISIONAL project programme as currently envisaged incorporates the following key dates: (i) Issue of bid documents-phase2: 10 October 2016 (ii) Submission of bid: 21 October 2016 (iii) Commence on site: 10 January 2017 (v) Anticipated completion: 15 December 2017 Bidders are to take note that the works duration includes for a possible work during the builders break or part thereof. 2.5 Contract documentation The agreement shall be the JBCC Edition 4.1 Code Conditions of Contract. The priced bills of quantities will be prepared in accordance with the Standard System of Measuring Building Works, Sixth Edition, Revised (Note Priced bills of quantities is not required for Phase 1 of the bidding process). 2.6 Supplier Registration on the National Treasury Supplier Database Bidders are advised that it is essential that all suppliers are to be registered on the National Treasury Central Supplier Database (CSD) prior to the submission of this bid. Proof of CSD registration must be submitted together with the bid document. Failure to submit proof of CSD registration will invalidate the bid. Registration requirements may be found online at EQUATE QUANTITY SURVEYORS Page 5 of 41

6 2.7 List of Returnables Bidders are required to submit the below listed mandatory requirements. Bidders must indicate whether the list of returnables has been submitted together with the bid document by marking the yes box or the no box Confirmation CIDB GRADE 7 GB PE Certificate Yes No Special conditions of bid and contract to be accepted by bidder Yes No General conditions of contract to be accepted by bidder Yes No Valid and original Tax Clearance Certificate Yes No B-BBEE Certificate, Sworn Affidavit for Exempted Micro Enterprises (EME) Yes No Declaration of Interest Yes No Declaration of bidder s past SCM practices Yes No Invitation to Bid Yes No Certificate of independent Bid Determination Yes No List of completed and current projects in the specified format Yes No List of proposed project team members in the specified format Yes No Failure to submit all the above listed returnable will lead to automatic disqualification of the bidder from the bid evaluation process. I CERTIFY THAT THE ABOVE INFORMATION HAS BEEN SUBMITTED... Signature.. Date. Position.. Name of bidder EQUATE QUANTITY SURVEYORS Page 6 of 41

7 2.0 SECTION A NERSA BID SUBMISSION CONDITIONS AND INSTRUCTIONS CONDITIONS AND INSTRUCTIONS THAT BIDDERS NEED TO TAKE NOTE OF 1 FRAUD AND CORRUPTION 1.1 All providers are to take note of the implications of contravening the Prevention and Combating of Corrupt Activities Act, Act No 12 of 2004 and any other Act applicable. 2 COMPULSORY BRIEFING SESSION A compulsory briefing session will be held on 16 September 2016 at 09h00. People arriving more than 15 minutes late will not be allowed into the venue and will be deemed not to have attended the briefing session in the NERSA Auditorium (2 nd Floor) The venue for the site visits is NERSA, Kulawula House, 526 Madiba (Vermeulen) Street, Arcadia, and Pretoria Bidders should bring their own copies of the bid documentation to the site visit as bid documents will not be made available at the session Any individual wishing to bid must attend the site visit in person or send a representative. Any organisation wishing to bid must send a representative. For bids from a Consortium or Joint Venture, a representative of at least one of the organisations must attend the site visit. Bids from individuals, organisations or consortia of organisations that have not met the attendance requirements will not be considered Any clarification required by a bidder regarding the meaning or interpretation of the Terms of Reference, or any other aspect concerning the bid, is preferably to be requested at the briefing session. Bidders are advised to study this document before attending the site visit and to have all their questions ready All attendees should have read the bid document prior to the meeting. It is the responsibility of bidders to take their own notes of the discussions and clarifications during the briefing session to in order to prepare a suitable bid for this project. However, all those attending will be issued with summarised minutes of the session before the closing date of bid, forwarded electronically upon request. 2 CLARIFICATIONS/ QUERIES 2.1 Any clarification required by a bidder regarding the meaning or interpretation of the Terms of Reference, or any other aspect concerning the bid, is to be requested in writing (letter, facsimile or ) from NERSA supply Chain on SCM@nersa.org.za not later than 12:00 on the 19 September 2016 and no clarification will be attended to after this time. A reply will be forwarded on 20 September The bid reference number should be mentioned in all correspondence. Telephonic requests for clarification will not be accepted. If appropriate, the clarifying information will be made available to all bidders by only. 3 SUBMITTING BIDS 3.1 One (1) original plus Four (4) hard copies of the bid, i.e. five documents be handed in / delivered to: The Procurement Manager NERSA Kulawula House 526 Madiba (Vermeulen) Street, Arcadia, Pretoria EQUATE QUANTITY SURVEYORS Page 7 of 41

8 3.2 NB: Bidders must indicate on the cover of each document whether it is the original or a copy. 3.3 The original version of the bid must be submitted with the four (4) copies, (i.e. five documents). Bidder(s) will be disqualified for failing to submit four 4 copies. The bid document must not be converted into word format or retyped. No financial proposals will be required for Phase 1 of the bidding process. 3.4 Bids should be submitted in a sealed envelope, marked with: Bid number NERSA/1617/FAD/PBC/BID009/1 Closing date and time (29 SEPTEMBER 2016 at 11:00) The name and address of the bidder. Bids received in an envelope that is not sealed may be disqualified. 3.5 Documents submitted on time by bidders shall not be returned. 4 LATE BIDS 4.1 Bids received late shall not be considered. A bid will be considered late if it arrived even one second after 11:00 or any time thereafter. The tender (bid) box shall be locked at exactly 11:00 and bids arriving late will not be considered under any circumstances. Bids received late shall be returned unopened to the bidder. Bidders are therefore strongly advised to ensure that bids be despatched allowing enough time for any unforeseen events that may delay the delivery of the bid. 4.2 The official Telkom time (Dial 1026) will be used to verify the exact closing time. 4.3 Bids sent to NERSA via normal post or any other mechanism shall be deemed to be received at the date and time of arrival at the NERSA premises (in tender box in reception area or if too big for the tender box, over the counter in the reception area). Bids received at the physical address after the closing date and time of the bid, shall therefore be deemed to be received late. 5 DIRECTIONS TO NERSA OFFICES FOR DELIVERY OF BIDS Physical Address NERSA, Kulawula House 526 Madiba (Vermeulen) Street, Arcadia, Pretoria Bidders should allow time to access the premises due to security arrangements that need to be observed. EQUATE QUANTITY SURVEYORS Page 8 of 41

9 DIRECTIONS TO NERSA From OR Tambo International Airport Take the R21 (North) to Pretoria Continue on the R21 for approximately 45 kilometres At the roundabout (Fountains Circle) follow the Sunnyside signs (M5) Continue driving on Mears Street (becomes Steve Biko Street) Turn right onto Madiba St Kulawula House (NERSA) will be on your left NB: Parking available opposite NERSA at Sancardia Centre From Johannesburg Follow N1/M1 north Continue on the N1/M1north This road then becomes M1 Continue on the M1 and take the Eeufees off ramp At the bottom of the Eeufees T-junction turn right Turn left under the bridge Follow the Sunnyside signs (M5) Continue driving on Mears Street (becomes Steve Biko Street) Turn right onto Madiba St Kulawula House (NERSA) will be on your left NB: Parking available opposite NERSA at Sancardia Centre EQUATE QUANTITY SURVEYORS Page 9 of 41

10 6 NEGOTIATION AND CONTRACTING 6.1 NERSA have the right to enter into negotiation with one or more bidders regarding any terms and conditions, including price(s), of a proposed contract. 6.2 NERSA shall not be obliged to accept the lowest of any bid. 6.3 A contract will only be deemed to be concluded when reduced to writing in a formal contract and Service Level Agreement signed by the designated responsible person of both parties. The designated responsible person of NERSA is (Mr. Paseka Nku) or his/her written authorised delegate. 6.4 Under no circumstances will negotiation with any bidders constitute an award or promise / undertaking to award the contract. 7 ACCESS TO INFORMATION 7.1 All bidders will be informed of the status of their bid once the procurement process has been completed. 7.2 Requests for information regarding the bid process will be dealt with in line with the NERSA procurement policy and relevant legislation. 8 REASONS FOR REJECTION 8.1 NERSA shall reject a bid for the award of a contract if the recommended bidder has committed a proven corrupt or fraudulent act in competing for the particular contract. 8.2 NERSA may disregard the bid of any bidder if that bidder, or any of its directors: Have abused the SCM system of NERSA Have committed proven fraud or any other improper conduct in relation to such system Have failed to perform on any previous contract and the proof exists. 8.3 Such actions shall be communicated to the National Treasury. 9 CANCELLATION OF PROCUREMENT PROCESS 9.1 This procurement process can be postponed or cancelled at any stage provided that such cancellation or postponement takes place prior to entering into contract with a specific service provider to which the bid relates. EQUATE QUANTITY SURVEYORS Page 10 of 41

11 3.0 SECTION B NERSA BID REQUIREMENTS 1 INFORMATION TO BE PROVIDED BY PROSPECTIVE TENDERERS Format of information provided: The information requested shall be submitted in the format provided in the Executive Summary below, with extra pages for additional information as required. 2 HOLDING/OPERATING/COMPANIES Whilst certain information relating to holding companies may be submitted, it is essential that information under all the under-mentioned headings shall relate to the operating company which will actually execute the works. 3 EXECUTIVE SUMMARY OF BIDDING REQUIREMENTS All bidders are requested to submit the following information when submitting their bid document: (The below information must be submitted as per the numbering sequence 3.1 to 3.13 by indexing the documents). 3.1 Company details Name of the company which will bid, with registered address, telephone and fax numbers, and address Brief overview of company organisation structure showing major associated shareholding structures Indicate which office/branch will be responsible for managing this project and indicate the staff compliment within that office/branch. 3.2 Company directors Names of executive and non-executive directors with qualifications, experience and length of service with company Name of contact person during pre-contract phase with telephone, fax and numbers. 3.3 Bankers Proof of banking details by means of an original cancelled cheque or an original letter from the bank confirming the account details 3.4 Performance guarantee / Construction Guarantee Written confirmation from a bank or similar financial institution that such bank or institution will be prepared to bind themselves as guarantors in providing the construction guarantee as per the JBCC format required by the Principal Building Agreement. Note: For the purpose of this clause the Contract Sum shall be taken as R (Sixty Million Rand) (Including VAT). In this regard it must also be noted that the Employer (NERSA) will not be providing a payment guarantee although the successful Contractor will be requested to wave his builder s lien. 3.5 Insurances Proof of Public Liability Insurance (Minimum R (Ten Million Rand) Contractors all risk policies (Contract Price + 20%) EQUATE QUANTITY SURVEYORS Page 11 of 41

12 3.6 Plant and equipment resources Details of total plant and equipment resources available and envisaged to be required for this project in the following format: Item of Plant or Equipment Total No Available Required for this project Owned/ Hired Please provide a separate annexure to provide full details. 3.7 List of completed and current projects (building refurbishment) Name of Institution Details of all completed and current projects which the bidder was/is involved in the following format: Description of works Live or non-live environment Status completed /current Value of contract Date from start to completion Contact persons Contact details Tel: Please provide a separate annexure to provide full details using the above stipulated format. Bidders must include reference letters in respect of each project. NERSA reserves the right to contact the references. NERSA reserves the right to reject a bid on the basis of client s negative feedback from the reference check process. NERSA reserves the right to conduct site visits to key clients and reserves the right to reject a bid where customer s satisfaction is negative. 3.8 List of proposed project team members Designated position In the event of this contract being awarded to the bidder it shall be required that the proposed project team members submitted under this heading will actually be available and will actually remain in a full-time capacity on this project for its duration as long as they are in the employ of the bidder. Project organisation chart showing all key personal involved during the project and where based: head office, site. A summary of the proposed project team members who will be in charge must be submitted in the following format: Name and surname Role in the project Minimum qualification Year of experience in similar projects only Number of projects completed Reference contact Details Name: Tel: Please provide a separate annexure to provide full details using the above stipulated format. In assessing experience of the proposed team members, NERSA will take the number of projects completed by the resources into account. NERSA reserves the right to accept/reject any subsequent replacement of proposed team members by the bidders after awarding of the contract. EQUATE QUANTITY SURVEYORS Page 12 of 41

13 3.9 Suggestions Describe any innovative approaches you can offer which will benefit the program, quality and cost aspects of the project. Bidders may be required to demonstrate where these innovative suggestions have been implemented in order to confirm the value extracted from such innovative suggestions Supplier Development Programme Bidders should indicate the percentage of works that will be allocated to black owned companies by selecting the relevant percentage below. Supplier Development Programme >Less than 20% of the contract value allocated to black owned companies# >20% to 29% of the contract value allocated to black owned companies# >30% to 39% of the contract value allocated to black owned companies# >40% to 99% of the contract value allocated to black owned companies# Please provide a separate annexure to provide full details using the above stipulated format. # Black owned companies as defined in the BBBEE Act 2003 (Act 53 of 2003). In the event that the bidder doesn t intent to subcontract any of the work, they will be evaluated based on own Black ownership percentage Building disputes of current mediation, arbitration or litigation Provide a brief schedule of the applicant s history of building dispute detailing: The nature of the claim Disputes which resulted in mediation, arbitration or litigation The value of the claim and the resultant settlement together with the names of the parties involved Please provide a separate annexure to provide full details using the above stipulated format Membership of professional bodies (Institutes, affiliates, Accreditations or Associations) Indicate whether the bidder is a member of any professional bodies. Minimum CIDB GRADE 7 GB PE will be applicable for this bid. Proof of CIDB registration certificate must be submitted as part of the bid and must be valid for the duration of the bid validity period Builders Break Working Conditions Contractor is to indicate if they are capable and able to work during the builders break and how they intend on executing this and which day(s) shall they take off for holidays. Contractors are to also indicate if working during this period will attract higher rates / costs to the project. EQUATE QUANTITY SURVEYORS Page 13 of 41

14 4 BID EVALUATION CRITERIA 4.1 COMPLIANCE WITH MINIMUM REQUIREMENTS CRITERIA All bids duly lodged as specified in this bid invitation will be examined to determine compliance with bidding requirements and conditions. Bids that failed to submit all the mandatory returnables as listed in paragraph 2.7 (under general instructions) will be disqualified/eliminated from the bid process and will not be further considered on functionality. 4.2 FUNCTIONALITY All remaining bids as per paragraph will be evaluated as follows: All the bids will be evaluated by an evaluation panel who will evaluate all bids independently in terms of the evaluation criteria for functionality which will be made up of 100 points. Each panel member shall award values for each individual criterion on a score sheet. The value scored for each criterion shall be multiplied with the specified weighting for the relevant criterion to obtain the marks scored for the various criteria. These marks should be added to obtain the total score. The percentages of each panel member shall be added together and divided by the number of panel members to establish the average percentage obtained by each individual bidder for functionality The minimum prescribed qualifying score for functionality is 65% (which is points out of 100) Therefore, bids will be considered further if it achieves the minimum prescribed qualifying score for functionality (65.00 points out of 100). Bids that failed to achieve the minimum qualifying score for functionality will be regarded as non-responsive and automatically disqualified Only those bidders that achieved the minimum of 65% will be considered for Phase 2 of the bidding process. Phase 2 of the bidding process will involve pricing of the Bills of Quantities for final bid award. 5 NERSA RESERVES THE RIGHT TO USE THE SHORT LISTED BIDDERS AS PART OF THE PREFERRED SUPPLIER DATABASE TO BE APPROACHED ON A CLOSED TENDER BASIS FOR FUTURE SIMILAR SITE PROJECTS. EQUATE QUANTITY SURVEYORS Page 14 of 41

15 6 FUNCTIONAL EVALUATION CRITERIA Bids will be evaluated on functionality as follows: Evaluation on functionality: The evaluation will be conducted by an evaluation panel who will evaluate all bids independently in terms of the evaluation criteria for functionality which will be made up of 100 points as follows: FUNCTIONAL EVALUATION CRITERIA POINTS A EXPERIENCE OF BIDDER (3.7) 40 No similar projects (building refurbishment) > R60 Million, no contactable references similar projects(building refurbishment) > R60 Million, supported by contactable references 4 6 similar projects(building refurbishment) > R60 Million, supported by contactable references 7 or more similar projects(building refurbishment) > R60 Million, supported by contactable references B EXPERIENCE OF BIDDER (3.7) 40 No similar projects (building refurbishment in a live environment) > R60 Million, no contactable references 1 3 similar projects(building refurbishment in a live environment) > R60 Million, supported by contactable references 4 6 similar projects(building refurbishment in a live environment) > R60 Million, supported by contactable references 7 or more similar projects(building refurbishment in a live environment) > R60 Million, supported by contactable references C SUPPLIER DEVELOPMENT PROGRAMME (3.10) 20 Less than 20% of the contract value allocated to black owned companies > 20% to 29% of the contract value allocated to black owned companies >30% to 39% of the contract value allocated to black owned companies >40% to 99% of the contract value allocated to black owned companies TOTAL FOR FUNCTIONALITY 100 EQUATE QUANTITY SURVEYORS Page 15 of 41

16 4.0 SECTION C -SPECIAL CONDITIONS THAT THE BIDDER NEEDS TO ACCEPT GENERAL 1. Bidders must indicate a confirmation response against each paragraph in this part of Section B covering both the Special Conditions of Bid and the Special Conditions of Contract by marking the YES box or by marking the NO box. The bidder must clearly state if a deviation from these special conditions are offered and the reason therefore. If an explanatory note is provided, the paragraph reference must be indicated in a supporting appendix to this part of the bid submission. Answering questions or supplying detail by referring to other sections will not be accepted. 2. Some of the confirmation blocks in this part are shaded. Choosing a response in one of the shaded blocks will deem your bid to be non-responsive in line with the instructions in this part. 3. Should bidders fail to indicate a confirmation response, NERSA will assume that the bidder is not in compliance or agreement with the statement(s) as specified in this bid document and the bidder s response will be considered incomplete and rejected for evaluation. 4. The client shall not be liable for any expense incurred in the preparation and submission of a bid. SPECIAL CONDITIONS OF BID CONFIRMATION Yes No N/A If no, indicate deviation 1 BID SUBMISSION CONDITIONS, INSTRUCTIONS AND EVALUATION PROCESS / CRITERIA 1.1 Submission conditions and Instructions as well as the evaluation process / criteria have been noted. 2 ADDITIONAL INFORMATION REQUIREMENTS 2.1 During evaluation of the bids, additional information may be requested in writing from bidders. Replies to such request must be submitted, within 3 (three) working days or as otherwise indicated. Failure to comply, may lead to your bid being disregarded. 3 FORMAT OF BIDS 3.1 Bidders must complete all the necessary bid documents and undertakings required in this bid document. Bidders are advised that their bid should be concise, written in plain English and simply presented. Bidders are to set out their bid in the format as it may be prescribed 3.2 SARS Tax Clearance Certificate(s) An original valid SARS Tax Clearance Certificate must accompany the bid and must be valid at the date of closing of the bid. In case of a consortium / joint venture, or where sub-contractors are utilised, an original valid SARS Tax Clearance Certificate for each consortium / joint venture member and / or sub-contractor (individual) must be submitted. The certificate requirements page should not be returned as part of the submission. EQUATE QUANTITY SURVEYORS Page 16 of 41

17 3.3 Declaration of Interest Each party to the bid must complete and return the Declaration of Interest. Bids submitted without a completed and signed Declaration of Interest may be deemed to be non-responsive. 3.4 Declaration of bidder s past Supply Chain Management practices Each party to the bid must complete and return Declaration of bidder s past Supply Chain Management practices. Bids submitted without a completed and signed Declaration of bidder s past Supply Chain Management practices may be deemed to be non-responsive. 3.5 Invitation to Bid Bidders must complete, sign and return the full Invitation to Bid document. Bids submitted without a completed and signed Invitation to Bid may be deemed to be nonresponsive. 3.6 B-BBEE Certificate Bidders should provide a certificate regarding their B-BBEE status as part of the bid document as issued by verification agencies accredited by SANAS or registered auditors approved by IRBA. In case of a consortium / joint venture, a consolidated B- BBEE certificate should be submitted All Exempted Micro Enterprises must submit a sworn affidavit as prescribed by the DTI or certificate issued by the Companies & Intellectual Properties Commission (CICP) confirming annual turnover of R10M or less and level of black ownership 3.7 SUB-CONTRACTING Bidders are welcome to sub-contract. However, the contract will be awarded to the main bidder as the primary contractor. No separate contracts will be entered into with any sub-contractors. Bidders are also advised that NERSA will nominate Subcontractors to be appointed under the principal as selected sub-contractor as defined by the JBCC conditions of contract. 3.8 VETTING OF BIDDERS NERSA reserves the right to subject any bidder for a security clearance through the State Security Agency (South Africa) and if a negative security screening report is issued the services of the bidders will be terminated with immediate effect. EQUATE QUANTITY SURVEYORS Page 17 of 41

18 3.9 LEGISLATIVE REQUIREMENTS Proof of company registration with UIF, COIDA and PAYE Proof of company registration certificate as issued by CIPC as well as share certificate(s) for (Pty) limited companies Bidders confirm that they comply and are in possession of a valid CIDB grading certificate as stipulated in the bid document 3.10 CENTRAL SUPPLIER DATABASE (CSD) Bidders must be registered on the National Treasury Central Supplier Database (CSD) prior to the submission of this bid. Proof of CSD registration must be submitted together with the bid document. Failure to submit proof of CSD registration (CSD registration summary report) will invalidate the bid. Registration requirements may be found online at NERSA reserves the right not to consider any bid that does not include all of the above information. EQUATE QUANTITY SURVEYORS Page 18 of 41

19 5.0 SECTION D -GENERAL CONDITIONS OF CONTRACT THAT THE BIDDER NEEDS TO ACCEPT 1 GENERAL CONDITIONS OF CONTRACT 1.1 The bid is subjected to the General Conditions of Contract (GCC). The GCC can be downloaded from the NERSA website at or from National treasury website at Bids should not be qualified by own terms & conditions. Failure to withdraw/waive or to renounce the bidder's own terms & conditions of bid, when called upon to do so, may invalidate the bid. 2 CONFIDENTIALITY 2.1 The bid and all information in connection therewith shall be held in strict confidence by bidders and usage of such information shall be limited to the preparation of the bid. Bidders shall undertake to limit the number of copies of this document. 2.2 All bidders are bound by a confidentially agreement preventing the unauthorised disclosure of any information regarding NERSA or of its activities to any other organisation or individual. The bidders may not disclose any information, documentation, data or products to other clients without written approval of the Energy Regulator or the delegate. 2.3 Confidential information includes any information or knowledge whatsoever relating to NERSA or any of its divisions, including but not limited to all information in whatever form (tangible or intangible), reports (whether generated by NERSA or service providers to NERSA), documentation, specifications, know-how, accounts and computer readable data relating or pertaining to the project, NERSA or any of its divisions. 3 INTELLECTUAL PROPERTY, INVENTIONS AND COPYRIGHT 3.1 Copyright of all documentation relating to this contract belongs to the client. The successful bidder may not disclose any information, documentation or products to other clients without the written approval of the Energy Regulator or the delegate. 3.2 All the intellectual property rights arising from the execution of this contract shall vest in NERSA who shall be entitled to cede and assign such to the Department of Energy and the contractor undertakes to honour such intellectual property rights and all future rights by keeping the know-how and all published and unpublished material confidential. EQUATE QUANTITY SURVEYORS Page 19 of 41

20 3.3 In the event that the contractor or any project team member would like to use information or data generated by the project, for academic or any other purpose, prior written permission must be obtained from the client. Such permission will not be unreasonably withheld and if it is withheld, written reasons will be provided. 3.4 NERSA shall own all deliverables produced by the Contractor during the course of, or as part of the contract whether capable of being copyrighted or not ( IP ) and which are or may become eligible for copyright under the laws of the Republic of South Africa and which relates to the contract or which arises directly from this contract. This IP NERSA shall be entitled to freely cede and assign to the Department of Energy. No other document needs to be executed to give effect to this cession, assignment or transfer. 3.5 The provisions of this clause 3 shall only apply to such IP that is created during the course and scope in terms of this contract. 3.6 The Contractor acknowledges and agrees that each provision of clause 3 is separate, severally and separately enforceable from any other provisions of this contract. 3.7 The invalidity or non-enforceability of any one or more provision hereof, shall not prejudice or effect the enforceability and validity of the remaining provisions of this contract. 3.8 This clause 3 shall survive termination of this contract. 3.9 Non-acceptance of clause 3 may deem your bid to be nonresponsive. 4 NON-COMPLIANCE WITH DELIVERY TERMS 4.1 As soon as it becomes known to the contractor that he / she will not be able to deliver the services within the delivery period and / or against the quoted price and / or as specified, NERSA must be given immediate written notice to this effect. NERSA reserves the right to implement remedies as provided for in the GCC. 5 WARRANTS 5.1 The contractor warrants that it has the capability, experience, expertise and skills necessary and is able to conclude this Agreement to the satisfaction of NERSA. 5.2 The contractor undertakes to perform the services in a professional manner. EQUATE QUANTITY SURVEYORS Page 20 of 41

21 5.3 Although the contractor will be entitled to provide services to persons other than NERSA, the contractor shall not without the prior written consent of NERSA, be involved in any manner whatsoever, directly or indirectly, in any business or venture which competes or conflicts with the obligations of the contractor to provide services. 6 PARTIES NOT AFFECTED BY WAIVER OR BREACHES 6.1 The waiver (whether express or implied) by any Party of any breach of the terms or conditions of this contract by the other Party shall not prejudice any remedy of the waiving party in respect of any continuing or other breach of the terms and conditions hereof. 6.2 No favour, delay, relaxation or indulgence on the part of any Party in exercising any power or right conferred on such Party in terms of this contract shall operate as a waiver of such power or right nor shall any single or partial exercise of any such power or right under this agreement. 7 OBLIGATION 7.1 The contractor shall perform all aspects of the services as more fully described in the terms of reference and shall comply with all reasonable instructions, requests and/or directions as may be issued by NERSA from time to time. 8 RETENTION 8.1 On termination of this agreement, or at the end of the contract period, the contractor shall, on demand hand over all documentation provided as part of the project and all deliverables, etc., without the right of retention, to NERSA. 8.2 No agreement to amend or vary a contract or order or the conditions, stipulations or provisions thereof shall be valid and of any force and effect unless such agreement to amend or vary is entered into in writing and signed by the contracting parties. Any waiver of the requirement that the agreement to amend or vary shall be in writing, shall also be in writing. 9 INDEMNITY 9.1 The contractor hereby indemnifies and holds harmless NERSA s employees, agents or its duly authorized representatives from and against any and all claims, liabilities, losses, costs, expenses (including attorneys fees) and damages, which NERSA may suffer and/or incur arising out of and/or resulting from wilful misconduct, negligent act or omission by the contractor in performance of the Services in terms of this agreement. 9.2 The indemnification under this clause shall survive termination of this agreement. 10 UNDERTAKINGS BY THE CONTRACTOR EQUATE QUANTITY SURVEYORS Page 21 of 41

22 10.1 The contractor shall not, during the contract period or extended contract period, directly or indirectly entice away any employee of NERSA. 11 FORCE MAJEURE 11.1 Should the affected Party be unable to fulfil its obligations in terms of this agreement for a period of fourteen (14) days or such other reasonable period from the date of notification to the other Party of a force majeure, then the other Party shall be entitled to terminate this agreement forthwith if justifiable under the circumstances, by written notice to that effect to the affected Party. 12 INDEPENDENT CONTRACTOR 12.1 The contractor agrees and acknowledges that it is an independent contractor and that this agreement shall not be construed as creating any relationship of employment, agency, partnership or joint venture between the Parties. Accordingly the contractor has no authority to represent, act on behalf of or bind NERSA in anyway whatsoever The contractor shall not issue any press release, make or publish any statement or other communication relating to, connected with or arising out of this agreement or the rendering of the Services without the prior written consent of NERSA. 13 ASSIGNMENT 13.1 The provisions of this agreement shall automatically transfer to and continue to exist to any legal successors of the Parties. EQUATE QUANTITY SURVEYORS Page 22 of 41

23 6.0 SECTION E TAX CLEARANCE CERTIFICATE REQUIREMENTS It is a condition of bid (tender) that the taxes of the successful bidder must be in order, or that for a Tax Clearance Certificate and submit it to any SARS branch office satisfactory arrangements have been made with South African revenue Services (SARS) to meet the bidder s tax obligations. 1. In order to meet this requirement, bidders are required to complete in full the form TCC 001 Application nationally. The Tax Clearance Certificate Requirements are also applicable to foreign bidders/ individuals who wish to submit bids. 2. SARS will then furnish the bidder with a Tax Clearance Certificate that will be valid for a period of 1 (one) year from date of approval. 3. The original Tax Clearance Certificate must be submitted together with the bid. Failure to submit the original and valid Tax Clearance Certificate will result in the invalidation of the bid. Certified copies of the Tax Clearance Certificate will not be acceptable. 4. In bids where Consortia / Joint ventures / Sub-contractors are involved, each party must submit a separate Tax Clearance Certificate. 5. Copies of the TCC 001 Application for a Tax Clearance Certificate form are available from any SARS branch office nationally or on the website 6. Applications for Tax Clearance Certificates may also be made via efiling. In order to use this provision, taxpayers will need to register with SARS as efilers through the website EQUATE QUANTITY SURVEYORS Page 23 of 41

24 7.0 SECTION F DECLARATION OF INTEREST 1. Any legal person, including persons employed by the state¹, or persons having a kinship with persons employed by the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid (includes a price quotation, advertised competitive bid, limited bidding). In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons employed by the state, or to persons connected with or related to them, it is required that the bidder or his/her authorised representative declare his/her position in relation to the evaluating/adjudicating authority where- - the bidder is employed by the state; and/or - the legal person on whose behalf the bidding document is signed, has a relationship with persons/a person who are/is involved in the evaluation and or adjudication of the bid(s), or where it is known that such a relationship exists between the person or persons for or on whose behalf the declarant acts and persons who are involved with the evaluation and or adjudication of the bid. 2. In order to give effect to the above, the following questionnaire must be completed and submitted with the bid. 2.1 Full Name of bidder or his or her representative: 2.2 Identity Number: Position occupied in the Company (director, trustee, shareholder²):. 2.4 Company Registration Number:. 2.5 Tax Reference Number: VAT Registration Number: The names of all directors / trustees / shareholders / members, their individual identity numbers, tax reference numbers and, if applicable, employee / personnel numbers must be indicated in paragraph 3 below. ¹ State means (a) any national or provincial department, national or provincial public entity or constitutional institution within the meaning of the Public Finance Management Act, 1999 (Act No. 1 of 1999); (b) any municipality or municipal entity; (c) provincial legislature; (d) national Assembly or the national Council of provinces; or (e) Parliament. EQUATE QUANTITY SURVEYORS Page 24 of 41

25 ² Shareholder means a person who owns shares in the company and is actively involved in the management of the enterprise or business and exercises control over the enterprise. 2.7 Are you or any person connected with the bidder YES / NO presently employed by the state? If so, furnish the following particulars: Name of person / director / trustee / shareholder/ member:... Name of state institution at which you or the person connected to the bidder is employed: Position occupied in the state institution:... Any other particulars: If you are presently employed by the state, did you obtain YES / NO the appropriate authority to undertake remunerative work outside employment in the public sector? If yes, did you attached proof of such authority to the bid YES / NO document? (Note: Failure to submit proof of such authority, where applicable, may result in the disqualification of the bid If no, furnish reasons for non-submission of such proof: Did you or your spouse, or any of the company s directors / YES / NO EQUATE QUANTITY SURVEYORS Page 25 of 41

26 trustees / shareholders / members or their spouses conduct business with the state in the previous twelve months? If so, furnish particulars: Do you, or any person connected with the bidder, have YES / NO any relationship (family, friend, other) with a person employed by the state and who may be involved with the evaluation and or adjudication of this bid? 2.9.1If so, furnish particulars Are you, or any person connected with the bidder, YES/NO aware of any relationship (family, friend, other) between any other bidder and any person employed by the state who may be involved with the evaluation and or adjudication of this bid? If so, furnish particulars Do you or any of the directors / trustees / shareholders / members YES/NO of the company have any interest in any other related companies whether or not they are bidding for this contract? If so, furnish particulars: EQUATE QUANTITY SURVEYORS Page 26 of 41

27 3 Full details of directors / trustees / members / shareholders. Full Name Identity Number Personal Tax Reference Number State Employee Number/ Personal Number Youth Ownership % Black Ownership % Women Ownership % TOTAL OWNERSHIP PERCENTAGE % % % EQUATE QUANTITY SURVEYORS Page 27 of 41

28 Please provide a separate annexure to provide full details of the list of directors / trustees / members / shareholders. In case of trustees, joint venture, consortium and sub-contractor the details of ownership of the company should be provided with the bid document. 4 DECLARATION I, THE UNDERSIGNED (NAME). I CERTIFY THAT THE INFORMATION FURNISHED IN PARAGRAPHS 2 and 3 ABOVE IS CORRECT. I ACCEPT THAT THE STATE MAY REJECT THE BID OR ACT AGAINST ME IN TERMS OF PARAGRAPH 23 OF THE GENERAL CONDITIONS OF CONTRACT SHOULD THIS DECLARATION PROVE TO BE FALSE... Signature.. Date. Position Name of bidder May 2011 EQUATE QUANTITY SURVEYORS Page 28 of 41

29 8.0 SECTION G DECLARATION OF BIDDER S PAST SUPPLY CHAIN MANAGEMENT PRACTICES 1 This declaration will be used by institutions to ensure that when goods and services are being procured, all reasonable steps are taken to combat the abuse of the supply chain management system. 2 The bid of any bidder may be disregarded if that bidder, or any of its directors have: a. abused NERSA s supply chain management system; b. committed fraud or any other improper conduct in relation to such system; or c. failed to perform on any previous contract. 3 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid. Item Question Yes No 3.1 Is the bidder or any of its directors listed on the National Treasury s database as companies or persons prohibited from doing business with the public sector? (Companies or persons who are listed on this database were informed in writing of this restriction by the National Treasury after the audi alteram partem rule was applied) If so, furnish particulars: 3.2 Is the bidder or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act (No 12 of 2004)? To access the Register enter the National Treasury s website, click on the icon Register for Tender Defaulters or submit your written request for a hard copy of the Register to facsimile number If so, furnish particulars: 3.3 Was the bidder or any of its directors convicted by a court of law (including a court outside of the Republic of South Africa) for fraud or corruption during the past five years? If so, furnish particulars: 3.4 Was any contract between the bidder and any organ of state terminated during the past five years on account of failure to perform on or comply with the contract? If so, furnish particulars: CERTIFICATION I, THE UNDERSIGNED (FULL NAME)... CERTIFY THAT THE INFORMATION FURNISHED ON THIS DECLARATION FORM IS TRUE AND CORRECT. I ACCEPT THAT, IN ADDITION TO CANCELLATION OF A CONTRACT, ACTION MAY BE TAKEN AGAINST ME SHOULD THIS DECLARATION PROVE TO BE FALSE. Yes Yes Yes Yes No No No No Signature Date Position Name of Bidder EQUATE QUANTITY SURVEYORS Page 29 of 41

30 9.0 SECTION H INVITATION TO BID YOU ARE HEREBY INVITED TO BID FOR REQUIREMENT OF NERSA BID NUMBER NERSA/1617/FAD/PBC/BID009/1 CLOSING DATE 29 SEPTEMBER 2016 CLOSING TIME 11:00 DESCRIPTION THE PRE-QUALIFICATION AND APPOINTMENT OF PRINCIPAL BUILDING CONTRACTORS (CIDB GRADE 7 GB PE) FOR THE PROVISIONING OF BUILDING REFURBISHMENT OF THE NERSA BUILDING KULAWULA HOUSE. (PRINCIPAL BUILDING CONTRACT PHASE 1) VALIDITY Offer to be valid for 90 days (28 DECEMBER 2016) from the closing date of the bid (29 SEPTEMBER 2016) The successful bidder will be required to fill in and sign a written Contract Form BID DOCUMENTS MAY BE: DEPOSITED IN THE BID/TENDER BOX SITUATED AT (Street address) NERSA, Kulawula House, 526 Madiba (Vermeulen) Street, Arcadia, Pretoria OR * POSTED TO: The Procurement Manager, NERSA, PO Box 40343, Arcadia, 0007, South Africa OR HANDED IN AT RECEPTION SITUATED AT (Street address) No faxed or ed bids will be accepted NERSA, Kulawula House, 526 Madiba (Vermeulen) Street, Arcadia, Pretoria, prior to the official closure time and the bidder must obtain a receipt, indicating the time of delivery, from the receptionist. Bidders should ensure that bids are delivered to NERSA before the closing date and time to the correct physical address. If the bid is late, it will not be accepted for consideration. * Refer to Paragraph 6 of the Special Conditions of Bid and Contract: Portion 1. Bids can be delivered and deposited into the bid / tender box between 08:00 and 16:30, Mondays to Thursdays and 08:00 to 16:00 on Fridays, prior to the closing date, and between 08:30 and 11:00 on the closing date. All bids must be submitted on the official forms (not to be re-typed). This bid is subject to the General Conditions of Contract (GCC) and, if applicable, any other Special Conditions of Contract. Bids submitted that do not comply with the following may not be considered for evaluation: A bid that is not in the format prescribed. A bid without some or all of the required documents. Pricing schedules not in the required format. Bids without the required number of copies. Any queries regarding bidding procedures and technical information may be directed to: Name: Supply Chain Management Tel.: / / SCM@nersa.org.za EQUATE QUANTITY SURVEYORS Page 30 of 41

31 Name of bidder: Entity name All bidders must furnish the following particulars and include it in their submission (Failure to do so may result in your bid being disqualified) VAT registration number Tax Clearance Certificate submitted Company registration number YES / NO Income tax reference number Company PAYE number Company UIF number Skills Development Levy registration number Postal address: Street address: Telephone number: Code Number Cellular number: Facsimile number: Code Number address: In case of a consortium/joint venture, full details on consortium/joint venture members: Entity name VAT registration number Tax Clearance Certificate submitted YES / NO Entity name VAT registration number Tax Clearance Certificate submitted YES / NO VAT registration Entity name number Name of contracting entity in case of a consortium/joint venture Entity name: Postal address: Street address: Tax Clearance Certificate submitted YES / NO EQUATE QUANTITY SURVEYORS Page 31 of 41

32 Contact details of responsible person who will act on behalf of the entity/consortium/joint venture for this bid Name and Surname Telephone number: Code Number Cellular number: Facsimile number: Code Number address: Contact details of alternative responsible person who will act on behalf of the person above should he/she not be available Name and Surname Telephone number: Code Number Cellular number: Facsimile number: Code Number address: Domicilium NERSA chooses the following as its domicilium citandi et executandi for all purposes of and in connection with the final contract: NERSA, Kulawula House, 526 Madiba (Vermeulen) Street, Arcadia, Pretoria, The bidder must indicate its domicilium citandi et executandi for all purposes of and in connection with the final contract. EQUATE QUANTITY SURVEYORS Page 32 of 41

33 Confirmation Are you the accredited representative in South Africa for the services offered by you: YES / NO Declaration I/We have examined the information provided in your bid documents and offer to undertake the work prescribed in accordance with the requirements as set out in the bid document. The prices quoted in this bid are valid for the stipulated period. I/We confirm the availability of the proposed team members. We confirm that this bid will remain binding upon us and may be accepted by you at any time before the expiry date. Signature of bidder: Date: Are you duly authorised to commit the bidder: YES / NO Capacity under which this bid is signed EQUATE QUANTITY SURVEYORS Page 33 of 41

34 10.0 SECTION I CERTIFICATE OF INDEPENDENT BID DETERMINATION 1 This Standard Bidding Document (SBD) must form part of all bids¹ invited. 2 Section 4 (1) (b) (iii) of the Competition Act No. 89 of 1998, as amended, prohibits an agreement between, or concerted practice by, firms, or a decision by an association of firms, if it is between parties in a horizontal relationship and if it involves collusive bidding (or bid rigging).² Collusive bidding is a pe se prohibition meaning that it cannot be justified under any grounds. 3 Treasury Regulation 16A9 prescribes that accounting officers and accounting authorities must take all reasonable steps to prevent abuse of the supply chain management system and authorizes accounting officers and accounting authorities to: a. disregard the bid of any bidder if that bidder, or any of its directors have abused the institution s supply chain management system and or committed fraud or any other improper conduct in relation to such system. b. cancel a contract awarded to a supplier of goods and services if the supplier committed any corrupt or fraudulent act during the bidding process or the execution of that contract. 4 This SBD serves as a certificate of declaration that would be used by institutions to ensure that, when bids are considered, reasonable steps are taken to prevent any form of bid-rigging. 5 In order to give effect to the above, the attached Certificate of Bid Determination (SBD 9) must be completed and submitted with the bid: ¹ Includes price quotations, advertised competitive bids, limited bidding. ² Bid rigging (or collusive bidding) occurs when businesses, that would otherwise be expected to compete, secretly conspire to raise prices or lower the quality of goods and / or services for purchasers who wish to acquire goods and / or services through a bidding process. Bid rigging is, therefore, an agreement between competitors not to compete. EQUATE QUANTITY SURVEYORS Page 34 of 41

35 CERTIFICATE OF INDEPENDENT BID DETERMINATION I, the undersigned, in submitting the accompanying bid: (Bid Number and Description) in response to the invitation for the bid made by: (Name of Institution) do hereby make the following statements that I certify to be true and complete in every respect: I certify, on behalf of: that: (Name of Bidder) 1. I have read and I understand the contents of this Certificate; 2. I understand that the accompanying bid will be disqualified if this Certificate is found not to be true and complete in every respect; 3. I am authorized by the bidder to sign this Certificate, and to submit the accompanying bid, on behalf of the bidder; 4. Each person whose signature appears on the accompanying bid has been authorized by the bidder to determine the terms of, and to sign the bid, on behalf of the bidder; 5. For the purposes of this Certificate and the accompanying bid, I understand that the word competitor shall include any individual or organization, other than the bidder, whether or not affiliated with the bidder, who: (a) (b) (c) has been requested to submit a bid in response to this bid invitation; could potentially submit a bid in response to this bid invitation, based on their qualifications, abilities or experience; and provides the same goods and services as the bidder and/or is in the same line of business as the bidder 6. The bidder has arrived at the accompanying bid independently from, and without consultation, communication, agreement or arrangement with any competitor. However communication between partners in a joint venture or consortium³ will not be construed as collusive bidding. 7. In particular, without limiting the generality of paragraphs 6 above, there has been no consultation, communication, agreement or arrangement with any competitor regarding: EQUATE QUANTITY SURVEYORS Page 35 of 41 EP89/PRIN/PRE-QUALIFICATION

36 (a) (b) (c) (d) (e) (f) prices; geographical area where product or service will be rendered (market allocation) methods, factors or formulas used to calculate prices; the intention or decision to submit or not to submit, a bid; the submission of a bid which does not meet the specifications and conditions of the bid; or bidding with the intention not to win the bid. 8. In addition, there have been no consultations, communications, agreements or arrangements with any competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the products or services to which this bid invitation relates. 9. The terms of the accompanying bid have not been, and will not be, disclosed by the bidder, directly or indirectly, to any competitor, prior to the date and time of the official bid opening or of the awarding of the contract. ³ Joint venture or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract. 10. I am aware that, in addition and without prejudice to any other remedy provided to combat any restrictive practices related to bids and contracts, bids that are suspicious will be reported to the Competition Commission for investigation and possible imposition of administrative penalties in terms of section 59 of the Competition Act No 89 of 1998 and or may be reported to the National Prosecuting Authority (NPA) for criminal investigation and or may be restricted from conducting business with the public sector for a period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No 12 of 2004 or any other applicable legislation. Signature Date. Position Name of Bidder EQUATE QUANTITY SURVEYORS Page 36 of 41 EP89/PRIN/PRE-QUALIFICATION

37 11.0 SECTION J -NON-DISCLOSURE AGREEMENT BID NO.: NERSA-1617-FAD-PBC-BID009/1 - KULAWULA HOUSE HEAD OFFICE REFURBISHMENT CONFIDENTIALITY AGREEMENT made and entered into between: THE NATIONAL ENERGY REGULATOR OF SOUTH AFRICA (a juristic person established in terms of Section 3 of the National Energy Regulator Act, 2004, Act No. 40 of 2004) (hereinafter referred to as NERSA ) and COMPANY NAME: REGISTRATION NUMBER: (hereinafter referred to as a Party ) (collectively referred to as Parties ) EQUATE QUANTITY SURVEYORS Page 37 of 41 EP89/PRIN/PRE-QUALIFICATION